Statutory Notifications (States) June-July 2020

By Bhuvana Anand
5 minute read ● August 12, 2020
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Statutory Notifications (States) June-July 2020

Further Amendment To Applicability Of The Contract Labour (Regulation And Abolition) Act, 1970 In Tripura

Government of Tripura vide notification No. F. 16(8)-LAB/ENF/CL/2008/3854-61 dated 04 July 2020 has extended the applicability of The Contract Labour (Regulation And Abolition) Act, 1970 to any establishment or class of establishments or any class of contractors from existing applicability of employing twenty or more workmen to fifty or more workmen for one thousand days instead of six months.

To read / download the Notification, click here.

This notification supersede the previous notification bearing no F.16(8) LAB/ENF/CL/2008/2976-92 dated 27 May 2020.

The Industrial Disputes (Bihar Amendment) Ordinance, 2020

Governor of Bihar vide Ordinance no.07,2020 dated 02 July 2020 has promulgated The Industrial Disputes (Bihar Amendment) Ordinance, 2020 and amended the section 25 K of Industrial Disputes Act, 1947 (“ID Act”).

As per the ordinance in Section 25K for Application of Chapter VB, the words “One Hundred” shall be substituted with “Three Hundred”.

Therefore, as per the Amendment, Section 25K shall be read as : - for application of Chapter VB wherein it states that -

“(1) The Provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than Three Hundred workmen were employed on an average per working day for the preceding twelve months.

(2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.

To read / download the Ordinance, click here.

The Factories (Bihar Amendment) Ordinance 2020

Governor of Bihar vide Ordinance no.08, 2020 dated 02 July 2020 has promulgated the Factories (Bihar Amendment) Ordinance, 2020 and amended Section 2(m) (i) and (ii) by substituting the word “ten” or more workers to “twenty” or more workers and “twenty” or more workers to “forty” or more workers, respectively.

As per the Ordinance, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power.

To read / download the Ordinance, click here.

The Karnataka Industrial Employment (Standing Orders) Amendment Rules 2019

Government of Karnataka vide notification No. LD 382 LET 2018 dated 30 June, 2020, has amended the Schedule I of The Karnataka Industrial Employment (Standing Orders) Rules, 1961.

As per the Amendment: -

A) Item 7 (h) mentioned as "fixed-term employment workman" has be included under the heading “A-For workmen excluding clerks and other ministerial staff.

"Fixed-term workman' is a workman who has been engaged on the basis of a written contract of employment for a fixed period: provided that his hours of work, wages, allowances and other benefits shall not be less than that of a permanent workman. Further, he shall be eligible for all statutory benefits that are available to a permanent workman proportionately according to the period of service rendered by him even if his period of employment does not extent to qualifying period of employment required in the Act.

B) Under the Clause 14 (1) 1A - Subject to the provisions of the Industrial Disputes Act, 1947, no workman employed on fixed term employment basis as a result of non-renewal of contract or employment or on the expiry of such contract period without it being renewed, shall be entitled to any notice or pay in lieu thereof, if his services are terminated.

Provided that the services of the fixed term workmen shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the matter prescribed in clause (1).

To read / download the notification, click here.

The Contract Labour (Regulation And Abolition) (Goa Amendment) & The Industrial Disputes (Goa Amendment) Ordinance, 2020

Governor of Goa vide Ordinance no.7 of 2020 dated 26 June 2020 has promulgated The Contract Labour (Regulation and Abolition) (Goa Amendment) Ordinance, 2020 which amends the applicability to the act for the establishments employing twenty or more workmen to fifty or more workmen and inserted a new section 25A for compounding of offences.

And vide Ordinance no. 8 of 2020, amended section 2A the Industrial Disputes (Goa Amendment) Act, wherein the words “three years” are substituted by “one year” and also inserted sub-section 4.

To read / download the Ordinances, click here.

The Gujarat Shops And Establishments (Regulation Of Employment And Conditions Of Service) Rules, 2020

Government of Gujarat vide notification No. GHR/2020/73/GSE/19/2019/236319/M-3 dated 23 June 2020, has released the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Rules, 2020 thereby repealing The Gujarat Shops And Establishments Rules, 1962.

To read / download the Rules, click here.

Implementation Of New Employment Portal For Establishments In Haryana

The Government of Haryana vide circular no 8431 dated 19 June 2020, has introduced an online employment portal in the State to motivate and encourage the hiring of skilled and unskilled resources for industries and establishments. Employers are encouraged to use Rozgar Portal through http://rozgar.hrex.gov.in/ for hiring manpower in their industries or establishments.

To read / download the Circular, click here.

Amendment Under The Puducherry Contract Labour (Regulation And Abolition) Rules, 1973

Government of Puducherry vide notification no G.O.Ms. No.64/AIL/Lab/G/2020 dated 09 June, 2020 has amended The Puducherry Contract Labour (Regulation And Abolition) Rules, 1973.

As per the amendment, Rule no. 17,18,21,24,29,32,38,74,75 and 82 are amended and inserted new rule 80(6). The synopsis of the amendment are:-

(i) The application for registration under Puducherry Contract Labour (Regulation And Abolition) Rules shall be made through the online portal of Labour Department, Puducherry i.e https://loe.py.gov.in/ ;

(ii) The certificate of registration shall be granted through the on-line portal of Government of Puducherry;

(iii) The fees shall be paid by visiting online portal Government of Puducherry under the relevant head of accounts viz 0230-labour & Employment 106-Fees;

(iv) Every employer shall maintain a register of contractors, register of persons employed electronically;

(v) The half-yearly return and annual return shall be submitted through the online portal of Labour department. The amendment also requires that books, register, records shall be maintained electronically at the discretion of Employer subject to the condition that Employer shall furnish all such books, register, records in the electronic form to Inspector on demand.

To read / download the Rules, click here.

Further Extension Of Due Date For Filing Annual Returns Under The West Bengal State Tax On Professions, Trades, Callings, And Employments Act, 1979

Government of West Bengal, Directorate of Commercial Taxes vide its Order dated 17 June 2020, in exercise of power conferred under Rule 12 of the West Bengal State Tax on Professions, Trades, Callings, and Employments Rules, 1979, for the year ending 31st March 2020, has extended the last date of filing Annual return in Form-III from the earlier date of 30th June 2020 to 30th September 2020.

To read / download the Order, click here.

Extension Of Due Date For Filing Returns Under The Maharashtra State Tax On Professions, Trade, Callings And Employments Act, 1975

Government of Maharashtra, Finance Department vide Notification No. PFT 1220/C.R.-13/Taxation-3 dated 22 June, 2020 amends the Government Notification Finance Department, No. PFT-2014/C.R.-38/Taxation-3 dated 21st August 2014, to include Entry 7 in the Schedule to help employers who could not pay the tax or submit returns on time due to COVID-19 pandemic for any period up to the month of June 2020 can be filed on or before 31st July 2020 on the website of the Maharashtra Goods and Service Tax Department. Therefore, any Tax due or interest payable up to the month of June 2020 shall be paid before filing of return.

To read / download the Notification, click here.

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